1795 - Ordinance - Amending Ordinance 1748 by Amending Zoning AreaNOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their
regular Council meeting held June 12, 2000.
ORDINANCE NO. 1795
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1748;
BY AMENDING THE AREA AND USE MAPS THEREOF,
RECLASSIFYING PROPERTY LOCATED AT 219 TRACY
AVENUE NORTH FROM RESIDENTIAL 4.5 TO RESIDENTIAL
R20 ZONING CLASSIFICATION FOR THE PURPOSE OF
CONSTRUCTING A FOUR UNIT CONDOMINIUM. (Fred and Fran
Oh, owners of record.)
Copies of Ordinance No. 1795 are available for review at the office of the City
Clerk of the City of Port Orchard. Upon written request a statement of the full text
of the Ordinance will be mailed to any interested person without charge. Thirty
days after publication, copies of Ordinance No. 1795 will be provided at a nominal
charge.
City of Port Orchard
Michelle Merlin0
Deputy Clerk
Publish: Port Orchard Independent
June 21,2000
Krusk@soundpublishing.com. I/
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
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ORDINANCE NO. 1795
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1748; BY
AMENDING THE AREA AND USE MAPS THEREOF, RECLASSIFYING
PROPERTY LOCATED AT 219 TRACY AVENUE NORTH FROM
RESIDENTIAL 4.5 TO RESIDENTIAL R20 ZONING CLASSIFICATION
FOR THE PURPOSE OF CONSTRUCTING A FOUR UNIT
CONDOMINIUM. (Fred and Fran Olin. owners of record)
Tax Account Nos. 4027-01 0002-0008
Legal Description: SE %, NW %, Section 25, Township 24, Range 1 East,
portion of Government Lot 2. Annapolis Block 010, Lot 2 and 3.
WHEREAS, Fran and Fred Oh. owners of record, have petitioned a zoning ordinance
amendment, requesting a reclassification from Residential 4.5 to Residential 20 classification for property
located at 219 Tracy Avenue North, and
WHEREAS, affected property owners may request a change in valuation for property tax
WHEREAS, the City of Port Orchard Planning Commission held a public meeting on April
17. 2000 and recommended denial of said petition for reason that the proposed rezone and building is not in
character with the community, the community being defined by the citizens, as that portion of Tracy Avenue
between Guy Wetzel Street and Stockton Street, and
purposes notwithstanding any program of revaluation, and
WHEREAS, the City of Port Orchard Planning Commission has transmitted to the Council
of the City of Port Orchard, Washington their Resolution No. 309-00, recommending denial of said petition,
and
and
WHEREAS, the Council of the City of Port Orchard held a Public Hearing on May 22, 2000,
WHEREAS, at the public hearing the Council accepted, as part of its record, all testimony
and documents presented to the Planning Commission.
FINDINGS OF FACT The proposed use, as conditioned, complies with existing
development standards.
The use requested is compatible with other uses in the area
The proposed use is a permitted use within a Residential 20 zone classification.
The proposed zone change is consistent with the city comprehensive plan designation.
Ordinance No. 1795
Page 2 of 3
CONCLUSION: Based on testimony, materials presented and finds of fact, the Port
Orchard City Council does hereby conclude that granting this zone reclassification would not be detrimental
to the health, safety, morals and general welfare of the community, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
THAT: The Council of the City of Port Orchard does hereby reclassify property located at
219 Tracy Avenue North from Residential 4.5 to a Residential 20 zoning classification and further amends
the city's zoning map to reflect the change in the zone reclassification and allow the development of a four
unit condominium, commonly known as Sinclair Sunset View Condominiums subject to the following 15
conditions:
1.
2.
3.
4.
5.
6.
7.
a.
9.
10.
11.
12.
13.
14.
15.
The property shall be surveyed prior to the issuance of a building permit.
No concrete structures shall be constructed in the right-of-way unless specifically approved by the
City Council.
Parking spaces in the right-of-way shall be paved.
The stormwater system shall comply with the City ordinance and be designed by a professional
engineer.
The parking lot in the right-of-way shall include a catch basin as part of the stormwater system.
The on-site parking lot and roof drains shall be connected to the property's stormwater system
The building shall be designed so that the third floor water supply is approximately 60 pounds per
square inch.
The property shall upgrade the City's water system to meet the minimum fire flow requirements, if
necessary.
A sewer clean out shall be installed at the edge of the property.
No sign shall be erected without the City's Engineering Department approval and issuance of a
building permit.
The proposed landscaping of the project meets the requirements of the Zoning Ordinance and is
recommended for approval as submitted.
To reduce impact the to school system, mitigation fees will be paid at the time of building permit
issuance, it the City adopts a general implementing ordinance for school impact fees prior to the
date that a complete building permit is accepted. The proponent can also mitigate the impact to
the school system by negotiating a settlement with the South Kitsap School District.
Traffic calming devices, such as two speed humps will be installed by the developer, if required by
the City Engineer.
Relocate garbage receptacles to meet standards of service provider.
The following conditions shall apply to the Covenants Conditions and Restrictions that will be
recorded against the property prior to the time of final plat approval:
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Page 2 of 3
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Ordinance No. 1795
Page 3 of 3
The city must review and approve before the rezone approval those portions of the
CC&Rs that address conditions of the rezone approval.
No condition in the CC&Rs that address a condition of the rezone approval can be
amended without the prior consent of city. This also must be stated in the CC&Rs.
The CC&Rs must contain a provision that gives the city the authority to enforce the
provisions of the CC&Rs that are conditions of the rezone approval.
The CC&Rs must allow the city to enforce the provisions that relate to the rezone
approval and give the city lien right's against all of the condominium units, in the
same manner that the association itself would have for enforcement action, which
will include legal and administrative costs incurred in the enforcement process.
The CCBRs must have boiler plate language that indicates the city's failure to
enforce a condition is a particular case is not a waiver of the condition in general.
The CC&Rs must have language to prohibit all outdoor storage of recreational
vehicles or boats on site.
PASSED by the City Council of the
attested by the Clerk in authentication of such
and
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